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35 U.S.C. § 315 — Relation to other proceedings or actions

Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 315 — Relation to other proceedings or actions

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Stable record: federal_law:legal_authorities:record_usc_fc5798473d24e1d4313ee772
Source file: Laws/federal/codes/united-states-code/title-35/section-315-relation-to-other-proceedings-or-actions--1e53e08426.md
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Source location: Title 35, Chapter 31, § 315; chapter-031-inter-partes-review.md

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**(a) Infringer’s Civil Action.—** (1) **Inter partes review barred by civil action.—** — An inter partes review may not be instituted if, before the date on which the petition for such a review is filed, the petitioner or real party in interest filed a civil action challenging the validity of a claim of the patent. (2) **Stay of civil action.—** — If the petitioner or real party in interest files a civil action challenging the validity of a claim of the patent on or after the date on which the petitioner files a petition for inter partes review of the patent, that civil action shall be automatically stayed until either— (A) the patent owner moves the court to lift the stay; (B) the patent owner files a civil action or counterclaim alleging that the petitioner or real party in interest has infringed the patent; or (C) the petitioner or real party in interest moves the court to dismiss the civil action. (3) **Treatment of counterclaim.—** — A counterclaim challenging the validity of a claim of a patent does not constitute a civil action challenging the validity of a claim of a patent for purposes of this subsection. **(b) Patent Owner’s Action.—** An inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent. The time limitation set forth in the preceding sentence shall not apply to a request for joinder under subsection (c). **(c) Joinder.—** If the Director institutes an inter partes review, the Director, in his or her discretion, may join as a party to that inter partes review any person who properly files a petition under section 311 that the Director, after receiving a preliminary response under section 313 or the expiration of the time for filing such a response, determines warrants the institution of an inter partes review under section 314. **(d) Multiple Proceedings.—** Notwithstanding sections 135(a), 251, and 252, and chapter 30, during the pendency of an inter partes review, if another proceeding or matter involving the patent is before the Office, the Director may determine the manner in which the inter partes review or other proceeding or matter may proceed, including providing for stay, transfer, consolidation, or termination of any such matter or proceeding. **(e) Estoppel.—** (1) **Proceedings before the office.—** — The petitioner in an inter partes review of a claim in a patent under this chapter that results in a final written decision under section 318(a), or the real party in interest or privy of the petitioner, may not request or maintain a proceeding before the Office with respect to that claim on any ground that the petitioner raised or reasonably could have raised during that inter partes review. (2) **Civil actions and other proceedings.—** — The petitioner in an inter partes review of a claim in a patent under this chapter that results in a final written decision under section 318(a), or the real party in interest or privy of the petitioner, may not assert either in a civil action arising in whole or in part under [section 1338 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1338&num=0&edition=prelim) or in a proceeding before the International Trade Commission under section 337 of the Tariff Act of 1930 that the claim is invalid on any ground that the petitioner raised or reasonably could have raised during that inter partes review.

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 311 — Inter partes review

**(a) In General.—** Subject to the provisions of this chapter, a person who is not the owner of a patent may file with the Office a petition to institute an inter partes review of the patent. The Director shall establish, by regulation, fees to be paid by the person requesting the review, in such amounts as the Director determines to be reasonable, considering the aggregate costs of the review. **(b) Scope.—** A petitioner in an inter partes review may request to cancel as unpatentable 1 or more claims of a patent only on a ground that could be raised under section 102 or 103 and only on the basis of prior art consisting of patents or printed publications. **(c) Filing Deadline.—** A petition for inter partes review shall be filed after the later of either— (1) the date that is 9 months after the grant of a patent; or (2) if a post-grant review is instituted under chapter 32, the date of the termination of such post-grant review.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1337 — Unfair practices in import trade

**(a) Unlawful activities; covered industries; definitions** (1) Subject to paragraph (2), the following are unlawful, and when found by the Commission to exist shall be dealt with, in addition to any other provision of law, as provided in this section: (A) Unfair methods of competition and unfair acts in the importation of articles (other than articles provided for in subparagraphs (B), (C), (D), and (E)) into the United States, or in the sale of such articles by the owner, importer, or consignee, the threat or effect of which is— (i) to destroy or substantially injure an industry in the United States; (ii) to prevent the establishment of such an industry; or (iii) to restrain or monopolize trade and commerce in the United States. (B) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that— (i) infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17; or (ii) are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent. (C) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that infringe a valid and enforceable United States trademark registered under the Trademark Act of 1946 [[15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) et seq.]. (D) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, i

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1338 — Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

**(a)** The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents, plant variety protection, or copyrights. For purposes of this subsection, the term “State” includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. **(b)** The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trademark laws. **(c)** Subsections (a) and (b) apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights.

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 134 — Appeal to the Patent Trial and Appeal Board

**(a) Patent Applicant.—** An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. **(b) Patent Owner.—** A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal.

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 41 — Patent fees; patent and trademark search systems

**(a) General Fees.—** The Director shall charge the following fees: (1) **Filing and basic national fees.—** (A) On filing each application for an original patent, except for design, plant, or provisional applications, $330. (B) On filing each application for an original design patent, $220. (C) On filing each application for an original plant patent, $220. (D) On filing each provisional application for an original patent, $220. (E) On filing each application for the reissue of a patent, $330. (F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330. (G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof. (2) **Excess claims fees.—** (A) *In general.—* — In addition to the fee specified in paragraph (1)— (i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3; (ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and (iii) for each application containing a multiple dependent claim, $390. (B) *Multiple dependent claims.—* — For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in ac

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 315 — Relation to other proceedings or actions

Page 127 TITLE 35—PATENTS § 315 Editorial Notes AMENDMENTS 2011—Pub. L. 112–29, § 6(c)(3)(A)(ii), which directed substitution of ‘‘it has been shown that there is a rea- sonable likelihood that the requester would prevail with respect to at least 1 of the claims challenged in the request’’ for ‘‘a substantial new question of patent- ability affecting a claim of the patent is raised’’, was executed by making the substitution for ‘‘a substantial new question of patentability affecting a claim of a patent is raised’’, to reflect the probable intent of Con- gress. Pub. L. 112–29, § 6(a), amended section generally. Prior to amendment, text read as follows: ‘‘If, in a deter- mination made under section 312(a), the Director finds that it has been shown that there is a reasonable likeli- hood that the requester would prevail with respect to at least 1 of the claims challenged in the request, the determination shall include an order for inter partes reexamination of the patent for resolution of the ques- tion. The order may be accompanied by the initial ac- tion of the Patent and Trademark Office on the merits of the inter partes reexamination conducted in accord- ance with section 314.’’ 2002—Pub. L. 107–273 made technical correction to di- rectory language of Pub. L. 106–113, which enacted this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by section 6(a) of Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to any patent issued be- fore, on, or after that effective date, with provisions for graduated implementation, see section 6(c)(2) of Pub. L. 112–29, set out as a note under section 311 of this title. Amendment by section 6(c)(3)(A)(ii) of Pub. L

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